The Extradition Act, 1962
31. Restrictions on
surrender. 3* [(1)] A fugitive criminal shall not be surrendered or returned to
a foreign State 4***.
- If the offence in
respect of which his surrender is sought is of a
political character or if he proves to the satisfaction of the magistrate or
court before whom he may be produced or of the Central
Government that the requisition or warrant for his surrender
has, in fact, been made with a view to try or punish him for an offence of a
political character;-
- Ins. by s. Act of
66 of 1993 14 (w.e.f 18-12-1993 ).
- Omitted by s. 15,
ibid (w.e.f 18-12-1993)
- Renumbered by s. 16
ibid (w.e.f. 18-12-1993).
- Omitted by s. 3
ibid. (w.e.f. 18-12-1993 ).
- If prosecution for the
offence in respect of which his surrender is sought is according to the law of
that State or country barred by time;
- 1*[unless
provision is made by that law of the foreign State or in the extradition
treaty with the foreign State that the fugitive criminal shall not
be determined or tried in that State for an offence other than--
- The extradition offence
in relation to which he is to be surrendered or returned;
- any lesser
offence disclosed by the facts proved for the
purposes of securing his surrender or return other
than an offence in relation to which an order for
his surrender or return could not be lawfully made; or
- The offence in respect of
which the Central Government has given its consent;]
- if he has been
accused of some offence in India, not being the offence for which
his surrender or return is sought, or is undergoing sentence under any
conviction in India until after he has been discharged, whether by acquittal
or on expiration of his sentence
or otherwise;
- until after the
expiration of fifteen days from the date of
his being committed to prison by
the magistrate.
- 1*[For the
purposes of sub-section (1), the offence specified in the Schedule shall
not be regarded as offences of a political character.
- The Central Government
having regard to the extradition treaty made
by India with any foreign State may, by notified order, add or omit
any offence from the list given in the Schedule.]
Back